Ohio Code § 5805.05

Ohio Code § 5805.05. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.

§ 5805.05.

(A) To the extent that a trust that gives a beneficiary the right to receive one or more

mandatory distributions does not contain a spendthrift provision, the court may authorize

a creditor or assignee of the beneficiary to attach present or future mandatory distributions

to or for the benefit of the beneficiary or to reach the beneficiary's interest by

other means.  The court may limit an award under this section to the relief that is appropriate

under the circumstances, considering among any other factors determined appropriate

by the court, the support needs of the beneficiary, the beneficiary's spouse, and

the beneficiary's dependent children or, with respect to a beneficiary who is the

recipient of public benefits, the supplemental needs of the beneficiary if the trust

was not intended to provide for the beneficiary's basic support.  If in exercising its power under this section the court decides to order either

a sale of a beneficiary's interest or that a lien be placed on the interest, in deciding

between the two types of action, the court shall consider among any other factors

it considers relevant the amount of the claim of the creditor or assignee and the

proceeds a sale would produce relative to the potential value of the interest to the

beneficiary. (B) Whether or not a trust contains a spendthrift provision, a creditor or assignee of

a beneficiary may reach a mandatory distribution the beneficiary is entitled to receive

if the trustee has not made the distribution to the beneficiary within a reasonable

time after the designated distribution date.

Source: official Ohio text · Last verified 2026-08-27

At a glance

  • Citation: Ohio Revised Code § 5805.05
  • Jurisdiction: Ohio
  • Code: Ohio Revised Code
  • Text: transcribed from the official source (verify below)

Verify the text

Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:

Not legal advice. Verify against the official source and consult a licensed Ohio attorney.

Common questions

What is the source of Ohio Revised Code § 5805.05?

The text above is transcribed from the Ohio Revised Code, the codified statutes of Ohio. The official publisher link appears under "Verify the text" on this page.

What subject does Ohio Revised Code § 5805.05 address?

It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.

Is Ohio Revised Code § 5805.05 still in force?

Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Ohio source before relying on this text.

Can this page be used as legal advice?

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